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How Federal Agencies’ Roles Have Shifted in Trump’s Immigration Battle

Legal experts debate whether federal or state governments hold primary authority over immigration enforcement amid declining border encounters, with fewer than 500,000 reported in 2025.

  • At the Federalist Society convention, Gene Hamilton said President Donald Trump’s Jan. 20 executive order relied on executive-branch authorities, amid a panel debate on immigration enforcement and border encounters, which totaled fewer than 500,000 so far in 2025.
  • Historically, courts have upheld state authority, citing Mayor of New York City v. Milne and a 2012 Supreme Court ruling where Justice Kennedy emphasized the need for one national sovereign to confer with, not 50 states.
  • Citing the Commerce Clause, Akhil Reed Amar, professor of law at Yale, said Congress can regulate non-economic crossings across state, international, or tribal borders, noting the U.S. Constitution omits 'sovereign' for states, requiring nuanced federal enforcement.
  • States may act when the federal government fails, Gene Hamilton argued states should protect borders, while Trevor Ezell said both state governments and federal government hold sovereign enforcement powers, citing Texas history.
  • Analysts note legal-policy analysts are divided over federal or state control of immigration, with Gene Hamilton citing founders' federal sovereignty and Akhil Reed Amar highlighting constitutional limits tied to Indian tribes and commerce.
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InsideNoVA.comInsideNoVA.com
+43 Reposted by 43 other sources
Center

Legal experts split over state, federal immigration control

(The Center Square) – The second Trump administration has been largely defined by strict immigration enforcement and net zero illegal border crossings. Amid the enforcement, legal policy analysts are divided over whether federal or state governments should control immigration and…

CNNCNN
+12 Reposted by 12 other sources
Lean Left

How federal agencies’ roles have shifted in Trump’s immigration battle

President Donald Trump’s vow to wage the biggest domestic deportation program in American history – expelling a million people a year – is one of his signature goals.

·Atlanta, United States
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CNN broke the news in Atlanta, United States on Sunday, November 9, 2025.
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